G.R. No. 237412 - Republic vs. Quinonez

Remar A. Quinonez and his wife, Lovelyn Uriarte QuiAonez, met in Gamaraon (alternatively spelled Gamaon or Ganaon) in Mangagoy, Bislig City.
They began a relationship while Remar was in college and staying at his aunt’s house.
After eight months of dating, the couple married on August 16, 1997, at the Saint Vincent de Paul Parish in Mangagoy, Bislig City, with Rev. Fr. Ivan Novo officiating, as evidenced by their Marriage Certificate.
The couple resided at the home of Lovelyn’s parents and had two children: Emar A. QuiAonez (born January 20, 1998) and Diana Love QuiAonez (born December 15, 1999).

Remar initially supported the family by working as a security guard at the National Food Authority Warehouse beginning in October 1997.
He later transferred to Cebu City seeking higher earnings.
In 2001, after Lovelyn’s father received his retirement pay, Lovelyn requested a three-month vacation in Manila to visit relatives; Remar consented despite initial reluctance.
During her stay, constant communication was maintained via cell phone calls and text messages, which later tapered off.

Upon Lovelyn’s scheduled return, communication with her ceased gradually.
Remar initially assumed that the loss of cell phone contact was due to merely a lost cellphone.
Inquiries from relatives in Bislig City revealed that Lovelyn had begun cohabiting with another man and might never return owing to her presumed sense of shame.
In November 2003, Remar learned from his uncle that Lovelyn had been in Bislig City to see the children, but later information indicated she had briefly visited Lingig, Surigao del Sur before returning to Bislig.
In the summer of 2004, Remar made further efforts by traveling to Manila, Batangas (accompanied by his aunt Evelyn Pachico) and Cavite (with Lovelyn’s aunt Leonora Aguilar), but these efforts did not locate her.

On February 27, 2013, after nearly ten years of fruitless search and communication with relatives, Remar filed a Petition for Declaration of Presumptive Death before the Regional Trial Court (RTC) of Surigao City, Branch 32, in Special Proceedings No. 7669.
The RTC, after following publication and posting requirements and finding no objections, issued a Judgment declaring Lovelyn presumptively dead under Article 41 of the Family Code.
The RTC found that Remar had expended his limited resources in a diligent search across several locations (Surigao del Sur, Metro Manila, Batangas, and Cavite) and maintained consistent communication with relatives.
The RTC Judgment became immediately final and executory pursuant to the relevant provisions of the Family Code.

The Republic of the Philippines filed a Petition for Certiorari before the CA to annul the RTC Judgment, arguing grave abuse of discretion.
The Republic contended that Remar failed to establish that he had exerted “proper and honest-to-goodness inquiries and efforts” to ascertain Lovelyn’s whereabouts and state of life.
Citing the case of Republic v. Cantor, the Republic characterized Remar’s search as passive and insufficiently detailed, noting the absence of explanations regarding the nature and extent of his inquiries, and the failure to report the disappearance to authorities.
The CA denied the Petition for Certiorari, affirming the RTC Judgment.
Subsequent motions, including a motion for reconsideration by the Republic and a motion for extension by the Republic, were filed and denied by the CA.

The Republic maintained that Remar’s efforts did not constitute a well-founded belief regarding Lovelyn’s death.
The central issue thus became whether the efforts made were sufficient to satisfy the stringent requirement under Article 41 of the Family Code.
After remonstrations and a series of hearings, the Petitions for Certiorari eventually reached the Supreme Court for resolution.

Whether the filing of a Petition for Certiorari under Rule 65 with the CA, without first filing a motion for reconsideration with the RTC, was proper given the exception for questions raising a pure question of law.

Whether Remar’s efforts during his search for his wife, Lovelyn, were sufficiently diligent and active to establish a "well-founded belief" in her death, thereby justifying the declaration of presumptive death under Article 41 of the Family Code.
Whether the evidence of his inquiry—its nature, extent, and veracity—was adequate to support the stringent requirement imposed by Article 41 and as clarified in related cases such as Republic v. Cantor and Nolasco.